Terms & Conditions

The following Terms and Conditions apply to the use of this Website as well as all transactions conducted through the site.

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  1. “Additional Services”means any selected services that you request that are not included in our Service Fee Percentages, such as

    1. background screens,

    2. drug testing,

    3. employee testing, and

    4. software products.

  2. “Agreement”means the terms and conditions that make up this Client Services Agreement, including those set out or referenced in Schedule A and Schedule B.

  3. “Co-Employer”means a relationship between two or more employers in which each has actual or potential legal rights and duties with respect to the same employee.

  4. “Comprehensive Service Fee”means a percentage of the total of salaries, bonuses and benefits paid monthly by the company.

  5. “Effective Date”means the first day of the first payroll period paid by LaunchPoint PEO.

  6. “Default”means either company’s failure to fulfill their obligation, such as not providing every Service defined in the Agreement, not paying its payroll or benefits amount, or not accurately paying its monthly Service Fee Percentages.

  7. “Hiring Authority”means the person or persons who maintains the privilege to approve, hire and fire new employees. 

  8. “Laws”means all state and federal Laws concerning the reporting, payment and withholding of payroll taxes on salaries and wages.

  9. “Schedules”refers to the Schedule A, a list and explanation of LaunchPoint PEO’s benefits, and Schedule B, the full list of employees that your company fills out prior to accepting the Client Service Agreement.

  10. “Services”means our human resources services , including:

    1. payroll & employee administration,

    2. worker’s compensation,

    3. health and welfare benefit plans,

    4. recruiting,

    5. employer liability management; and

    6. human resources services defined in the Agreement. 

    7. All other benefits packages.

  11. “Service Fee Percentages”means a set percentage of your combined monthly payroll and benefits cost for each Staff member based on certain factors and estimates, including:

    1. total payroll,

    2. any portion of benefits contributed by your company, and

    3. bonuses.

  12. “Staff”means your company’s current employees and future employees who are or become your employee, complete our new-hire paperwork, accept or have accepted a written employment agreement or acknowledgement with us, and have been paid by us.

  13. “Term”means the period during which LaunchPoint PEO provides Services for your company and acts as a Co-Employer to your Staff and each annual renewal or adjustment.

  14. Change in conditions - The existing contract can be varied only with the agreement of both parties. Changes can be agreed upon through written notification of the changes in writing, within one month of the change taking effect.

  15. Employer’s Liability Insurance - A product for employers that protects them from major financial loss if a worker experiences a job-related injury or illness that workers’ compensation doesn’t cover.  Employer's liability insurance is also called “part 2” of workers’ compensation policy. If an employee doesn’t feel that workers’ compensation adequately covers their loss — perhaps because they feel their employer’s negligence caused their injury — they may decide to sue their employer, making punitive claims for pain and suffering. Employer’s liability coverage is designed to cover these types of expenses, which aren’t covered by workers’ compensation or by a general liability insurance policy. It can also help limit an employer’s losses in that as a condition of receiving a payout under the policy, the affected employee will be required to release the employer and the insurance company from further liability.

If an employer intentionally aggravates an employee’s work-related injury or illness, employer’s liability insurance will not cover the employer’s financial obligations to the employee, and the employer will have to pay the employee out of its own pocket if the employee wins in court. Employer's liability insurance policies also place limits on what they will pay out per employee, per injury and per illness.  This insurance does not cover independent contractors.

  1. Laws and Regulations– Both parties agree to comply with all applicable Federal, state, and local laws and regulations, and all applicable orders and regulations of the executive and other departments, agencies and instrumentalities of the United States Government.  Furthermore, this Agreement is to be interpreted under the laws of the Commonwealth of Virginia.  Both parties agree to indemnify each other against any loss, cost, damage, or liability by reason of the other’s violation of this Article.  It is understood that in no event shall either party be liable to the other for indirect, special, punitive, incidental or consequential damages. In no event, shall either party have a right to recover from the other any indirect, special, incidental, or consequential damages (including lost profits).  The foregoing limitation shall not apply to actions with respect to the trade names, registered marks, trademarks, or proprietary rights in programming of either party, or to actions for indemnity hereunder.

This Agreement shall not be modified, nor shall any waiver of any right hereunder be effective, unless set forth in a document executed by the duly authorized representative of both parties.  The duly authorized waiver of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition herein contained.

If any part, term, or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of federal, state, or Government having jurisdiction of this Agreement, the validity of the remaining portions or provisions shall not be effected.

 

  1. Indemnification –The Client shall indemnify and hold harmless LaunchPoint PEO, Subsidium, Inc., and its officers and employees (herein known as the “Consultant”) from and against damages, liabilities, losses, costs, and expenses, unless caused by the negligent acts, errors or omissions of the Consultant, or of those for whom the Consultant is legally liable, which arise out of the Consultant’s performance of its professional services under this agreement.

 

  1. Disputes and Arbitration - The parties to this Agreement shall exercise good faith efforts to settle any disputes arising under this Agreement.  If agreement cannot be reached, the parties agree to submit such dispute to binding arbitration in accordance with Article XIII. 

In the event of a dispute arising under this Agreement which cannot be settled within thirty (30) days from the date that either party is informed by the one party in writing that such dispute or disagreement exists, said dispute shall be settled by binding arbitration in accordance with the following procedures if formal remedies under Article XII have not been initiated.

(a)        Initiation:  Selection of Arbitrators.  Either party may initiate an arbitration proceeding by the filing of demand for arbitration with the American Arbitration Association.  A panel of three (3) arbitrators shall be selected to hear and resolve the controversy, with one arbitrator selected by each party and a third arbitrator selected by the parties in accordance with the procedures set forth in the then current Commercial Arbitration Rules of the American Arbitration Association (the "Rules"); provided, however, that if either party fails to select an arbitrator within thirty (30) days after the arbitration is initiated, the American Arbitration Association shall select an arbitrator on behalf of such party.  Any arbitrator appointed by any party to this Agreement shall not be an employee of, consultant for, or otherwise associated with the party appointing him/her.

(b)       Hearings. Unless an oral hearing is waived in writing by both parties, the arbitrators shall hold a hearing on the issue to be arbitrated.  Such hearings shall be held in the Commonwealth of Virginia, at such time and place as the arbitrators shall determine.  Except as provided in paragraph (c), the arbitrators shall provide opportunity to each party to be present, to be fully heard, by counsel or otherwise, and to cross-examine.

(c)        Absent Party.  The parties expressly agree that any arbitration hereunder may proceed in the absence of any party who, after notice, fails to be present at such arbitration or to obtain an adjournment thereof, and that, in such event, an award may be made based solely upon the evidence submitted by the party who is present.

(d)       Binding Effect.  The parties expressly agree that the determination made in writing and signed by a majority of the arbitrators shall be final, binding, and conclusive on the parties and enforceable in any court of competent jurisdiction.  Such determination shall be made within 30 days (or such longer period as in the opinion of a majority of the arbitrators may be necessary) after any hearings have been completed and any time allowed for the filing of briefs has elapsed.  A signed copy of such determination shall be delivered to each of the parties.

(e)        Decision of Arbitrators.  In making any determination, the arbitrators shall apply the pertinent provisions of this Agreement without departure therefrom in any respect.  The arbitrators shall not have the power to add or to modify any of the provisions of this Agreement; provided, however, that this provision shall not prevent, in any appropriate case, the interpretation and construction by the arbitrators of the applicable provisions of this agreement to the extent necessary to apply such provisions to the issue in dispute.

(f)        Costs and Expenses.  Each party shall be responsible for paying all costs and expenses of the arbitrator selected by it and its own attorney's fees and expert witnesses' fees.  All other costs and expenses of the arbitration proceedings, including the fees and expenses of the third arbitrator and the costs of transcripts, shall be shared equally by the parties hereto.

(g)       Governing Law and Rules.  Except as the rules may be contrary to or differ from the provisions of this article, each arbitration hereunder shall be governed by this article, the prevailing government regulations and pertinent provisions of law.